General Wood Products

National Labor Relations Board - Board Decisions

Apr 20, 1945

61 N.L.R.B. 670 (N.L.R.B. 1945)

In the Matter of GENERAL WOOD PRODUCTS and UNITED FURNITURE
WORKERS OF AMERICA, C. I. O.
Case No. 1-R-?33!.Decided April 00, 1945
MacNeil c Mahoney , by Mr. Angus MacNeil, of Boston, Mass., for
the Company.
Mr. Francis O'Connor, of Boston, Mass ., for the Union.
Mr. Louis Cokin , of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Furniture Workers of America,
C. I. 0., herein called the Union, alleging that a question affecting
commerce had arisen concerning the representation of employees of
General Wood Products Company, Chelsea, Massachusetts, herein
called the Company, the National Labor Relations Board provided
for an appropriate hearing upon due notice before Leo J. Halloran,
Trial Examiner. Said hearing was held at Boston, Massachusetts, on
March 25, 1945. The Company and the Union appeared, partici-
pated, and were afforded full opportunity to be heard, to examine and
cross-examine witnesses, and to introduce evidence bearing on the
issues. The Trial Examiner's rulings made, at the hearing are free
from prejudicial error and are hereby affirmed. All parties were af-
forded opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
General Wood Products Company is a Massachusetts corporation
with its principal place of business at Chelsea, Massachusetts, where it
is engaged in the manufacture of bookcases and furniture. During
the last 5 months of 1944, the Company purchased raw materials
valued in excess of $16,000, all of which was shipped to it from points
61 N. L. R. B., No. 105.
67p
ORNERAL WOOD PRODUCTS 671
within the Commonwealth of Massachusetts. During the same pe-
riod the Company produced goods valued at about $30,000, approxi-
mately 6,6 percent of which was shipped to points outside the
Commonwealth of Massachusetts.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
H. THE ORGANIZATION INVOLVED
United Furniture Workers of America is a labor organization affili-
ated with the Congress of Industrial Organizations admitting to
membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the Union as the exclusive collec-
tive bargaining representative of its employees until such time as the
Union is certified by the Board.
A statement of a Field Examiner of the Board, introduced into
evidence at the hearing, indicates that the Union represents a substan-
tial number of employees in the unit hereinafter found to be
appropriate.'
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The Union urges that all production and maintenance employees of
the Company, including the waterboy, but excluding executives, fore-
men, and office and clerical employees, constitute an appropriate unit.
The Company took no position with respect to the unit. Evidence
introduced at the hearing indicates that the employees claimed by the
Union constitute a well-defined homogeneous group.
We find that all production and maintenance employees of the Com-
pany, including the waterboy, but excluding office and clerical em-
ployees, executives, foremen, and any other supervisory employees
with authority to hire, promote, discharge, discipline, or otherwise
effect changes in the status of employees, or effectively recommend
such action, constitute a unit appropriate for the purposes of collective
bargaining, within the meaning of Section 9 (b) of the Act.2
' The Field Examiner reported that the Union presented 8 membership application cards.
There are approximately 11 employees in the appropriate unit.
8 The parties agree, and we find, that Marino, a working foreman, exercises supervisory
authority within the Board's definition of that term.
672 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by means of an election by secret ballot among
the employees in the appropriate unit who were employed during the
pay-roll period immediately preceding the date of the Direction of
Election herein, subject to the limitations and additions set forth in
the Direction.
DIRECTION OF ELECTION
By virtue of and pursuant to the power vested in the National Labor
Relations Board by Section 9 (c) of the National Labor Relations Act,
and pursuant to Article III, Section 9, of National Labor Relations
Board Rules and Regulations-Series 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with General Wood
Products Company, Chelsea, Massachusetts, an election by secret ballot
shall be conducted as early as possible, but not later than thirty (30)
days from the date of this Direction, under the direction-and supervi-
sion of the Regional Director for the First Region, acting in this mat-
ter as agent for the National Labor Relations Board, and subject to
Article III, Sections 10 and 11, of said Rules and Regulations, among
the employees in the unit found appropriate in Section IV, above, who
were employed during the pay-roll period immediately preceding the
date of this Direction, including employees who did not work during
said pay-roll period because they were ill or on vacation or temporarily
laid off, and including employees in the armed forces of the United
States who present themselves in person at the polls, but excluding
any who have since quit or been discharged for cause and have not been
rehired or reinstated prior to the date of the election, to determine
whether or not they desire to be represented by United Furniture
Workers of America, C. 1. 0., for the purposes of collective bargaining.